In States We Trust? The Effect Of Canandyne-georgia V. Nationsbank, N.a. (south) On Liabilityrnunder The Cercla Superfund

摘要

It is clear that Congress either needs to remedy the situation through a legislative amendment, or courts must come to an agreement as to what the proper standard of "ownership" should be under CERCLA. The use of differing standards in Canandyne and Garbage Services creates uncertainty that the market for trusteeships cannot accurately account for. The easiest way for Congress to remedy this problem is to write a definitional standard of ownership into the statute. However, a more comprehensive solution might be to add provisions that touch specifically upon how trusts should be treated in the context of CERCLA. This would allow for a more detail, but would be more legislatively complex and would, ultimately, divest power from the courts in making the final decision. Either option is viable and should be examined thoroughly in the near future. Without a change, there is simply too much uncertainty for efficient management of trusts and other estate planning devises.